Lanard Toys Limited (“Lanard”) filed a patent infringement action against Toys “R” US. Lanard subsequently filed a four-count Amended Complaint and Demand for Trial by Jury, both of which were filed in the United States District Court for the District of New Jersey. After the amend complaint was filed, the…
Patent Lawyer Blog
Smartflash v. Apple: After $500M Verdict, District Court Grants New Trial on Damages Based on Improper Use of Entire Market Value Jury Instruction
After a jury returned a verdict against Apple, Apple filed a motion for judgment as a matter of law or a new trial. The district court subsequently notified the parties pursuant to Rule 59(d) that it was considering granting a motion for a new trial for a reason not stated…
District Court Lifts Stay after PTAB Confirms Eight Claims Even Though Defendant Planned to Appeal to the Federal Circuit
The district court had previously granted Defendant Respironics, Inc.’s (“Respironics”) unopposed motion to stay the patent infringement action filed by the plaintiff, Zoll, pending an inter partes review (“IPR”) of the patent-in-suit, on which the Patent and Trademark Office (“PTO”) had instituted review. When Respironics filed the motion to stay,…
Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Merely Alleged That It Had All Substantial Rights to Patent
Verify Smart Corp. (“Verify”) filed a patent infringement action against Bank of America, N.A. (“BoA”), alleging infringement of United States Patent No. 8,285,648 (“the ‘648 Patent”). As part of its complaint, Verify claimed to have all substantial rights through an exclusive license. BoA filed a motion to dismiss pursuant to…
After Transfer, Case Is Stayed Pending IPR Even Though Only Three of Twenty-Two Claims Were at Issue in the IPR
Plaintiff ACQIS, LLC (“ACQIS”) filed a patent infringement action in the Eastern District of Texas alleging that Defendant EMC Corporation (“EMC”) had infringed claims in 11 patents owned by ACQIS. Specifically, ACQIS alleged that 20 EMC computer storage products infringe 22 claims from these 11 patents, including EMC products for…
District Court Denies Motion to Amend Complaint to Add New Patents Even Though Patents Had Not Issued at Time of Original Filing and New Products Had Become Available on the Market
Plaintiff West View Research (“West View”) filed five separate patent infringement complaints on the same date against various automobile manufacturers. Each action asserted a combination of patents, all from the same patent family, for a total of eleven asserted patents. The district ourt consolidated the five for purposes of discovery…
After Claim Construction, District Court Allows Opposing Experts to Testify to Different Definitions of “Using” At Trial and the Jury Can Decide Who Had the Better Interpretation
The parties filed opposing motions against each side’s expert witness over a dispute between the parties as to what the word “use” means. In its Markman order, the district court had construed the term “Internet Protocol network” (“an Internet Protocol network,” “network utilizing at least one Internet Protocol,” and “a…
District Court Orders Transfer of Case During Claim Construction Briefing: Did the Transfer Stay the Briefing Deadlines?
Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively, “LG”) filed a motion to clarify the district court’s order transferring the case to the district of New Jersey, seeking a ruling that the court’s deadlines were suspended in view of the transfer order. The district court had granted LG’s…
Court Denies “Emergency” Motion to Lift Temporary Stay Noting That Plaintiff “Is Palpably Irritated,” But “That’s Not Going to Cut It”
In this patent infringement action, Meyer Products LLC (“Meyer Products” or “defendant”) filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part of its standard operating procedure, the court entered a temporary stay of the…
Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims
Defendants filed an emergency motion to stay the case pending an appeal of the PTAB’s decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter partes review (“IPR”) of all of the claims at issue in the patent. The PTAB…